Texas Child Support Questions & Answers

Q: How far back can you charge someone for arrears if they weren't in court?

1 Answer | Asked in Family Law and Child Support for Texas on
Answered on Jul 31, 2018
Bert Steinmann's answer
Arrears go back as far as the Court order states they do. A local attorney can review the order and the facts and give you a more specific answer. (This is not intended to be specific legal advice or create an attorney client relationship, contact a local attorney as soon as possible.)

Q: Can child support equal to more than half a person's income?

1 Answer | Asked in Traffic Tickets and Child Support for Texas on
Answered on Jul 19, 2018
Grant St Julian III's answer
You may file am indigency application with the DPS to eliminate or reduce your surcharges. Your child support obligation depends on the number of children you have , and the number of different people you have to make payments to.

Q: I am 35yrs old, can I force my father legally to take a paternity test, against his free will to do so?

1 Answer | Asked in Child Support and Family Law for Texas on
Answered on Jul 19, 2018
Bryan Joseph Fagan's answer
NO TIME LIMITATION: CHILD HAVING NO PRESUMED, ACKNOWLEDGED, OR ADJUDICATED FATHER

Under Section 160.606:

A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, including after the date:

(1) the child becomes an adult; or

(2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.

Q: Can an illegal immigrant request and receive child support payments from their spouse?

1 Answer | Asked in Family Law, Immigration Law and Child Support for Texas on
Answered on Jun 20, 2018
Carl Shusterman's answer
This question is best directed to a family law attorney in New York.

Q: What happens to my arrears child support if I am awarded full custody after a CPS investigation and custody hearing?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Jun 2, 2018
Fiza Syed's answer
I mean thats money you still owe the other parent. Most likely you can adjust that against the child support that they would pay you.

Q: Dad missed April1 for notice of summervisit. My court order says june15-july27 is default. Does he have to give notice?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on May 21, 2018
Robert W. Leonard Jr.'s answer
If your order says he has a default possession, then he has a default possession. I am sure it is inconvenient, but be where your order says to be on the day you he starts his possession. Otherwise you are in violation of the order.

Q: My ex is trying to go for sole custody to avoided child support and they keep telling me I'm a unfit mother

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Answered on May 21, 2018
Robert W. Leonard Jr.'s answer
This is an unfortunate but not uncommon situation. Provided the allegations regarding your maternal fitness are untrue, it is unlikely he will be successful. You do, however, need an attorney representing you to protect your interests.

Q: What can I do if my wife took my daughter out of Texas to California with out my consent.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Answered on May 11, 2018
Matthew Valley's answer
You should visit with local family law counsel for a full consultation. Generally speaking, unless there are orders stating otherwise, a parent married to the other parent is free to take his/her children to different states without consent from the other parent.

Q: I have court papers drawn up for child custody and in the paper work it says neither parent is allowed to leave

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on May 2, 2018
Fiza Syed's answer
You need to file a petition to modify and have her served.

Q: How do I get the father of my kids to pay current and back child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Apr 10, 2018
Matthew Valley's answer
You don't have to wait for the AG to get around to your case. You can go to court and seek an enforcement order yourself. You could also retain an attorney to help you with the process.

Q: I'm getting married soon and my wife wants to adopt my kids but how would we go about it

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Answered on Apr 10, 2018
Robert W. Leonard Jr.'s answer
Contact a local family law attorney to work with you on the adoption. The attorney will prepare the appropriate documents for the biological father to sign, and prepare the documents needed for the court.

Your spouse will have to submit to a criminal background check and the court will assign a social worker to conduct a study of your living environment.

The process is pretty simple if the father agrees. If he does not agree or changes his mind, it becomes a lawsuit and you...

Q: My husband and his ex have joint custody. She moved and changed her number in Dec. 2016.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Apr 8, 2018
Matthew Valley's answer
One can seek enforcement of a custody order even if one has child support arrearages. It would be wise to talk with local counsel before doing so, as a counterpetition seeking enforcement of the child support portion of the order can be filed against him.

Q: My childs mother is moving to new mexico with her boyfriend and is leaving our child with her mother (child grandmother)

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Apr 8, 2018
Matthew Valley's answer
You would file pleadings asking for modification in the case in which the prior orders were entered.

Q: How should I change court order to keep dad from kidnapping kids and taking out of school? He did it 4 yrs

1 Answer | Asked in Domestic Violence, Child Custody and Child Support for Texas on
Answered on Apr 5, 2018
Kiele Linroth Pace's answer
A person that lives in the woods under these circumstances is probably not going to be deterred by a court order. This is a serious safety concern for you and your children. Report the threatened kidnapping to law enforcement and consult a local family law attorney to determine what, if anything, can be done. Discuss with the attorney the possibility of moving far away and whether that can be done in a manner that does not threaten your custody rights.

Q: The non constodial parent hasn’t seen my son since he was 1yr he’s 5 now. Recently he’s been served for child support

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Mar 30, 2018
Matthew Valley's answer
A parent can sign a voluntary relinquishment of their parental rights, but proper pleadings would need to be filed with the court and a judge would have to approve the termination. Because the presumption is that it is in a child's best interests to have two parents, getting such a termination can be an uphill battle. You should find local counsel to discuss this matter with. The State Bar has a Find a Lawyer function that could prove helpful.

Q: DO I have to know my baby’s father address to file for child support?

1 Answer | Asked in Child Support for Texas on
Answered on Mar 26, 2018
Fiza Syed's answer
You would have to know either work or home address to have him served.

Q: I am paying child support to my ex husband for my daughter, but now she lives with me.. Can I get it stop?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Mar 26, 2018
Fiza Syed's answer
You can file an agreed petition to modify (as long as both parties sign ) to stop child support. You can also file a contested one.

Q: If the father of my son is not in the birth certificate but he has his last name can I still get child support .

1 Answer | Asked in Child Support for Texas on
Answered on Mar 25, 2018
Matthew Valley's answer
Neither is a requirement to get child support. If he has not previously been adjudicated the father or properly executed an Acknowledgement of Paternity then a court will have to adjudicate him the father before child support can be ordered. You should be able to contact the Texas Attorney General's office and request their assistance in getting the ball rolling.

Q: how can chiild support stop once rights are terminated?

1 Answer | Asked in Child Support for Texas on
Answered on Mar 24, 2018
Matthew Valley's answer
With some exceptions (applicable in some CPS cases), court-ordered termination of parental rights is also termination of parental duties, including the duty to support. That is because the parent is no longer legally a parent of the child anymore once they have their rights terminated.

Q: Can I put my baby’s father on child support when he turns 18 even if I’m older then him ?

1 Answer | Asked in Child Support for Texas on
Answered on Mar 24, 2018
Matthew Valley's answer
Yes, you can. Just because a parent is under 18 themselves does not mean that they don't have to support their children. Furthermore, the fact that you are older than him doesn't remove this responsibility.

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